‘Special court empowered to hear all cases pertaining to the scam’
2 July 2013 11:49 PM GMT
The Supreme Court on Monday dismissed the pleas of Essar Teleholdings Ltd and Loop Telecom challenging the special CBI court's jurisdiction to hold trial against them and their officials in the 2G spectrum case. The telecom companies had pleaded that they and their promoters cannot be tried in a case arising out of 2G spectrum scam by special CBI court.
A bench of justice G S Singhvi and Justice S J Mukhopadhaya held that the alleged offence were committed by the Telecom firms in the course of 2G scam cases and the special court is empowered to hear all cases pertaining to the scam and asked the court to hold day-to-day trial to ensure early disposal of the case.
Over a year after the judgement was reserved, the bench rejected plea of telecom companies which submitted that they be tried in a magisterial court unlike other accused in 2G cases as they have not been charged under Prevention of Corruption Act. Referring to Section 220 (trial for more than one offence) and Section 223 of CrPC (persons charged jointly), SC said that petitioners are co-accused in the said 2G scam case and they may be charged and can be tried together with the other accused.
A bench of justice G S Singhvi and Justice S J Mukhopadhaya held that the alleged offence were committed by the Telecom firms in the course of 2G scam cases and the special court is empowered to hear all cases pertaining to the scam and asked the court to hold day-to-day trial to ensure early disposal of the case.
Over a year after the judgement was reserved, the bench rejected plea of telecom companies which submitted that they be tried in a magisterial court unlike other accused in 2G cases as they have not been charged under Prevention of Corruption Act. Referring to Section 220 (trial for more than one offence) and Section 223 of CrPC (persons charged jointly), SC said that petitioners are co-accused in the said 2G scam case and they may be charged and can be tried together with the other accused.
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